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Judgment
Petitioner is a society registered under the Karnataka Societies Registration Act, 1960. The petitioner’s recreation club is established to promote charity, education, science, literature and other social welfare activities along with providing the skill based indoor and outdoor games.
Learned counsel for the petitioner submits that, the entry to the petitioner’s association is restricted only to its members and outsiders and other public are not allowed to enter or enjoy the benefits of the society as a matter of right or on payment. He further submits that, the respondent-police are now forcing the petitioner-recreational club to obtain licence to conduct the activities in the said club. Hence, this writ petition.
Learned counsel for the petitioner further submit that the recreational activities that are carried out in the recreation club would not fall under Sections 6 & 7 of the Karnataka Police Act,1963. Hence, they are not required to secure any license from the authorities.
Learned AGA appearing for the respondents submits that the issue involved in this writ petition was examined by the Division Bench of this Court in W.A.No.728/2020, disposed of on 18.01.2021.
Hence, this writ petition also requires to be disposed of in the light of the order passed in W.A.No.728/2020 on the following terms and conditions:
The petitioner shall install CCTV cameras at the places of access to its members and also at all the places, where in game(s) is / are played by the members within a period of six weeks. The CCTV footage of at least prior 15 days period shall be made available by the petitioner to the jurisdictional police, as and when called upon to do so.
The petitioner shall issue identity card(s) to all its member(s), which shall be produced by the member(s), when called upon by the concerned police, during the raid(s), surveillance, etc.,
The petitioner shall not allow any non-member(s) or the guest(s) of the member(s) to make use of its premises for the purpose of playing any kind of game(s) or recreational activities.
The petitioner shall not permit any activity by any of its member(s), by indulging in acts of amusement, falling within the definition of Sections 2(14) and 2(15) of the Act and shall not permit any game(s) of chance as per Explanation (II) of Sub-Section(7) of Section 2 of Karnataka Police Act, 1863. The member(s) shall not be allowed to play any kind of game(s) with stakes or make any profit or gain out of the game(s)played.
The petitioner shall put proper mechanism in place and shall ensure that no game(s) is played in any unlawful manner by the member(s). If the jurisdictional police find the game(s) played is / are contrary to any law and in violation of the settled practice, it is open to them to take action against the petitioner and the offenders, in accordance with law.
The jurisdictional police shall have liberty to visit premises periodically and / or on receipt of any information about any unlawful activity being carried on in the petitioner’s premises.
The respondents are directed not to interfere with the lawful recreational activities carried on by the members of the petitioner’s– Club / Association.
It is made clear that this order would not come in the way of the jurisdictional police invoking the provisions of the Act and taking action in accordance with law, if the member(s) of the petitioner is / are found to have indulged in any unlawful or immoral activities.